PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-16-091.
Title of Rule and Other Identifying Information: Chapter 16-89 WAC, Sheep and goat scrapie disease control.
Hearing Location(s): Natural Resources Building, Second Floor, Conference Room 259, 1111 Washington Street S.E., Olympia, WA 98504, on December 20, 2007, at 11:00 a.m.
Date of Intended Adoption: January 3, 2008.
Submit Written Comments to: Teresa Norman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00, December 21, 2007.
Assistance for Persons with Disabilities: Contact WSDA receptionist by December 13, 2007, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend chapter 16-89 WAC to make the chapter specific to sheep and goat diseases in Washington state, to update testing requirements, and to correct references to federal documents.
Reasons Supporting Proposal: These changes are necessary to prevent the spread of disease in the state and to help safeguard the health of Washington citizens and livestock. This rule review is also a part of the department's ongoing commitment to regulatory improvement under Executive Orders 06-02, 05-03, and 97-02.
Statutory Authority for Adoption: Chapters 16.36 and 34.05 RCW.
Statute Being Implemented: Chapter 16.36 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of agriculture (WSDA), governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Paul Kohrs, DVM, Olympia, (360) 902-1878; and Enforcement: Leonard E. Eldridge, DVM, Olympia, (360) 902-1878.
No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030(1) requires that WSDA prepare a small business economic impact statement (SBEIS) if proposed rules will impose more than minor costs on affected businesses or industry. The department has analyzed the economic effects of the proposed revisions and has concluded that they do not impose more than minor costs on small businesses in the regulated industry, and, therefore, a formal SBEIS is not required.
A cost-benefit analysis is not required under RCW 34.05.328. The WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).
October 17, 2007
Leonard E. Eldridge, DVM
State Veterinarian
OTS-1150.1
SHEEP AND GOAT ((SCRAPIE)) DISEASES ((CONTROL)) IN WASHINGTON
STATE
(((1) "Director" means the director of agriculture of the
state of Washington or his or her duly authorized
representative.
(2) "Department" means the Washington state department of agriculture.
(3))) "APHIS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service.
"Blackface sheep" means any purebred Suffolk, Hampshire,
Shropshire ((purebred sheep of unknown ancestry with a black
face, except for hair sheep)), or cross thereof; any
nonpurebred sheep known to have Suffolk, Hampshire, or
Shropshire ancestors; and any nonpurebred sheep of unknown
ancestry with a black face, except for hair sheep. Note that
hair sheep known to have Suffolk, Hampshire, or Shropshire
ancestors are considered blackface sheep.
"Department" means the Washington state department of agriculture.
"Director" means the director of agriculture or the director's authorized representative.
(((4))) "Flock" means a number of animals of sheep or
goat species ((which)) that are kept, fed and herded together
((having)), and have single or multiple ownership. The term
"flock" ((shall be)) is interchangeable with the term "herd"
and ((shall apply)) applies to purebred and commercial sheep
and goats.
(((5) "Washington flock identification number" means a
unique flock identification number assigned to the owner or
owners of each flock of blackface breeding sheep in the state
of Washington.
(6))) "Official ((individual)) identification" means
((the unique identification of individual animals with an
alphanumeric number applied as a tamper proof tag, tattoo,
electronic device, or other tag approved by USDA or the
director. The Washington flock identification number can
serve as the official individual identification number if it
contains a unique individual animal number in addition to the
flock number)) an identification mark or device approved by
APHIS for use in the scrapie eradication program. Examples
include, but are not limited to, electronic devices, official
ear tags, and legible official registry tattoos.
"Parturient" means visibly prepared to give birth or within two weeks before giving birth.
"Parturition" means the act of giving birth.
(((7))) "Scrapie" means a transmissible spongiform
encephalopathy that is a fatal, nonfebrile, transmissible,
insidious, degenerative disease affecting the central nervous
system of sheep and goats.
(((8))) "Scrapie exposed animal" means any animal((,
which)) that has been in the same flock at the same time
within the previous sixty months as a scrapie positive animal,
excluding limited contacts. ((Limited contacts are contacts
between animals that occur off the premises of the flock and
do not occur during or up to sixty days after parturition for
any of the animals involved. Limited contacts do not include
commingling or transportation to other flocks for the purposes
of breeding. Examples of limited contacts include incidental
contact in the show/sales ring. (See Appendix III of USDA's
Voluntary Scrapie Flock Certification Program.)
(9) "Scrapie high risk animal" means an animal determined by epidemiologic investigation to be a high risk for developing clinical scrapie because the animal was the progeny of a scrapie-positive dam, was born in the same contemporary lambing group as a scrapie-positive animal or was born in the same contemporary lambing group as progeny of a scrapie-positive dam. Based upon evidence from the latest research information available and upon recommendation of the state scrapie certification board, animals that fit the criteria for high risk animals may be exempted by the director as high risk animals if they are determined by genetic testing to be QR or RR at the 171 codon or are determined by other recognized testing procedures to pose no risk.
(10) "Scrapie infected flock" means any flock in which a scrapie-positive animal has been identified by a state or federal animal health official.
(11) "Scrapie positive animal" means an animal for which a diagnosis of scrapie has been made by the National Veterinary Services Laboratories, USDA, laboratories accredited by the American Association of Veterinary Laboratory Diagnosticians (AAVLD) or another laboratory authorized by state or federal officials to conduct scrapie tests through histological examinations of central nervous system or by other diagnostic procedures approved for scrapie diagnosis by USDA. Animals diagnosed by experimental tests for abnormal prion will not be considered infected animals for the purposes of this rule.
(12) "Scrapie source flock" means a flock in which an animal was born and subsequently diagnosed as scrapie-positive at less than fifty-four months of age.
(13))) "Scrapie Flock Certification Program" means a national voluntary program for classification of flocks relative to scrapie.
[Statutory Authority: RCW 16.36.040. 02-24-042, § 16-89-010, filed 12/3/02, effective 1/3/03; 99-09-026, § 16-89-010, filed 4/15/99, effective 5/16/99.]
SCRAPIE(2) The Voluntary Scrapie Flock Certification Program Standards may be found on the internet at:
http://www.aphis.usda.gov/animal_health/animal_diseases/scrapie/downloads/sfcp.pdf.
(3) Title 9 CFR, Parts 54 and 79 may be found on the internet at:
http://www.access.gpo.gov/nara/cfr/waisidx_06/9cfrv1_06.html.
[Statutory Authority: RCW 16.36.040. 02-24-042, § 16-89-015, filed 12/3/02, effective 1/3/03; 99-09-026, § 16-89-015, filed 4/15/99, effective 5/16/99.]
(a) Commercial goats in intrastate commerce that have not been in contact with sheep as there has been no case of scrapie in a commercial goat in the past ten years that originated in the state of Washington or attributed to exposure to infected sheep and there are no exposed commercial goat herds in the state of Washington.
(b) Commercial whitefaced sheep or commercial hair sheep under eighteen months of age in intrastate commerce as there has been no case of scrapie in this exempted class that originated in the state of Washington in the last ten years and there are no exposed commercial whitefaced or hair sheep flocks in the state that have been exposed by a female animal.
(2) The exemptions granted in subsection (1)(a) and (b) of this section will be void after ninety days if the conditions in subsection (1)(a) and (b) of this section no longer exist.)) All sheep that are placed into commerce must have official scrapie program identification.
(2) All goats that are commingled with or exposed to sheep must have official scrapie program identification.
Exemptions
(3) Official scrapie program identification is not required for:
(a) Sheep or goats less than eighteen months of age that are moving directly to a slaughter facility or to an approved terminal feedlot;
(b) Goats that don't commingle with sheep;
(c) Sheep or goats that do not enter commerce and never leave their premises of origin;
(d) Sheep or goats moved for grazing or other management purposes.
[Statutory Authority: RCW 16.36.040. 02-24-042, § 16-89-022, filed 12/3/02, effective 1/3/03.]
[Statutory Authority: RCW 16.36.040. 02-24-042, § 16-89-030, filed 12/3/02, effective 1/3/03; 99-09-026, § 16-89-030, filed 4/15/99, effective 5/16/99.]
(2) The disposal of condemned scrapie infected animals and flocks will be under the direction of the director and the means of disposal will be other than by offering for human or animal consumption.
[Statutory Authority: RCW 16.36.040. 99-09-026, § 16-89-090, filed 4/15/99, effective 5/16/99.]
(2) Indemnity payments will be paid only to an owner of sheep or goats that were born in the state of Washington or were imported into the state in compliance with existing Washington state statutes and rules. Payment of indemnity does not apply to animals belonging to the federal government or any of its agencies, this state or any of its agencies, or any municipal corporation. Indemnity may not be paid on animals eligible for federal indemnity payments.
(((3) The amount of indemnity to be paid for each animal
will be determined by the state veterinarian and will not
exceed seventy-five percent of the appraised value of the
animal up to the following maximum amounts:
(a) Ewes or does one year of age or older - three hundred dollars per head.
(b) Rams or bucks one year of age or older - six hundred dollars per head.
(c) Lambs or kids under one year of age - one hundred twenty-five dollars per head.
(4) In addition to the indemnity payments authorized in subsection (3) of this section, owners who voluntarily destroy rams found to be genetically prone to scrapie will be paid up to twenty-five dollars of the laboratory diagnostic fee.))
[Statutory Authority: RCW 16.36.040. 02-24-042, § 16-89-100, filed 12/3/02, effective 1/3/03; 99-09-026, § 16-89-100, filed 4/15/99, effective 5/16/99.]
BRUCELLOSIS(2) All raw milk and raw milk products from animals that test positive for brucellosis are prohibited from sale and must be destroyed.
(3) All sheep and goats whose raw milk or raw milk products are intended for consumption must have official identification.
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(2) The quarantine will be released when the entire quarantined herd has passed two consecutive negative blood tests without reactors. The first test must be not less than thirty days following removal of all reactors from the herd. The second test must not be less than ninety days nor more than one year following the date of the previous test.
(3) Goats that test positive to the brucellosis test must not be sold or offered for sale except for immediate slaughter.
(4) Quarantined goats may only be moved when accompanied by an official USDA form number VS1-27.
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Q FEVER(a) Any additions to the herd must be tested negative for Q fever within thirty days before introduction into the herd.
(b) Herds must be tested negative annually to maintain the dairy's raw milk license.
(c) The state veterinarian shall direct all testing procedures in accordance with state and federal standards for animal disease eradication.
(d) All raw milk and raw milk products from animals that test positive for Q fever are prohibited from sale and must be destroyed or pasteurized.
(2) All sheep and goats whose raw milk or raw milk products are intended for consumption must have official identification.
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TUBERCULOSIS(2) All raw milk and raw milk products from animals that test positive for tuberculosis are prohibited from sale and must be destroyed.
(3) All sheep and goats whose raw milk or raw milk products are intended for consumption must have official identification.
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(2) Herds in which no gross lesions reactors occur and in which no evidence of Mycobacterium bovis infection has been disclosed may be released from quarantine after a sixty-day negative caudal fold tuberculosis retest of the entire herd. Herds containing one or more suspects to the caudal fold tuberculosis test will be quarantined until the suspect animals are:
(a) Retested by the comparative-cervical tuberculosis test within ten days of the caudal fold injection; or
(b) Retested by the comparative-cervical tuberculosis test after sixty days and the tuberculosis status of the suspect has been determined; or
(c) Shipped under permit directly to slaughter in accordance with state or federal laws and regulations and the tuberculosis status of the suspect has been determined.
(3) Herds in which Mycobacterium bovis infection has been confirmed and the herd has not been depopulated will remain under quarantine and must pass two tuberculin tests at intervals of at least sixty days and one additional test after six months from the previous negative test. Following the release from quarantine, these herds will also be subject to five annual tests on the entire herd.
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The following sections of the Washington Administrative Code are decodified as follows:
| Old WAC number | New WAC number |
| WAC 16-89-030 | WAC 16-89-012 |
| WAC 16-89-100 | WAC 16-89-013 |
The following sections of the Washington Administrative Code are repealed:
| WAC 16-89-005 | Purpose. |
| WAC 16-89-025 | Recordkeeping. |
| WAC 16-89-040 | Restriction of exposed animals. |
| WAC 16-89-050 | Scrapie source flocks. |
| WAC 16-89-060 | Movement and disposition of restricted animals. |
| WAC 16-89-070 | Importation of exposed, suspect and high risk animals. |
| WAC 16-89-080 | Reporting scrapie. |
| WAC 16-89-110 | Cleaning and disinfection. |